I 

116TH CONGRESS 

1ST SESSION H. R. 2755 

To standardize and extend certain Buy America provisions. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2019 

Mr. BRENDAN F. BOYLE of Pennsylvania (for himself, Mr. GARAMENDI, Mr. 

KILDEE, Mr. POCAN, Mr. GALLEGO, Ms. NORTON, Mr. CISNEROS, Mr. 

SHERMAN, Mrs. LAWRENCE, Mr. LAMB, Mr. SOTO, Ms. FINKENAUER, 

Ms. SA ́NCHEZ, and Mr. VEASEY) introduced the following bill; which was 

referred to the Committee on Transportation and Infrastructure, and in 

addition to the Committee on Energy and Commerce, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To standardize and extend certain Buy America provisions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Buy America 2.0 Act’’. 

5 SEC. 2. USE OF AMERICAN IRON, STEEL, AND MANUFAC6 TURED GOODS. 

7 (a) IN GENERAL.—Funds made available to carry out 

8 a transportation or infrastructure project using Federal 


pbinns on DSK79D2C42PROD with BILLS
2 

•HR 2755 IH

1 funds may not be obligated for a project unless the steel, 

2 iron, and manufactured goods used for the project are pro3 duced in the United States. 

4 (b) EXCEPTIONS.—Subsection (a) shall not apply in 

5 any case or category of cases in which the head of the 

6 Federal department or agency overseeing a project finds 

7 that— 

8 (1) applying subsection (a) would be incon9 sistent with the public interest; 

10 (2) iron, steel, and the relevant manufactured 

11 goods are not produced in the United States in suffi12 cient and reasonably available quantities and of a 

13 satisfactory quality; or 

14 (3) inclusion of iron, steel, and manufactured 

15 goods produced in the United States will increase 

16 the cost of the overall project by more than 25 per17 cent. 

18 (c) WAIVER.—If the head of a Federal department 

19 or agency receives a request for a waiver under this sec20 tion, the head of such department or agency shall make 

21 available to the public a copy of the request and informa22 tion available to the head of such department or agency 

23 concerning the request, and shall allow for public input 

24 on the request for at least 15 days prior to making a find25 ing based on the request. The head of such department 


pbinns on DSK79D2C42PROD with BILLS
3 

•HR 2755 IH

1 or agency shall make the request and accompanying infor2 mation available by electronic means, including on the offi3 cial public internet site of such department or agency. 

4 (d) APPLICATION.—This section shall be applied in 

5 a manner consistent with United States obligations under 

6 international agreements. 

7 (e) APPLICABILITY.—Nothing in this section shall 

8 supercede or preempt any existing Buy America provision 

9 to the extent such provision conflicts with this section. 

10 SEC. 3. PUBLIC TRANSPORTATION BUY AMERICA PROVI11 SIONS. 

12 Section 5323(j)(2)(C)(i) of title 49, United States 

13 Code, is amended— 

14 (1) by striking ‘‘and’’ at the end of subclause 

15 II; 

16 (2) in subclause (III), by striking ‘‘and each fis17 cal year thereafter, is more than 70 percent of the 

18 cost of all components of the rolling stock; and’’ and 

19 inserting ‘‘is more than 70 percent of the cost of all 

20 components of the rolling stock;’’; and 

21 (3) by inserting after subclause (III) the fol22 lowing: 

23 ‘‘(IV) for fiscal year 2021 is 

24 more than 75 percent of the cost of 

25 all components of the rolling stock; 


pbinns on DSK79D2C42PROD with BILLS
4 

•HR 2755 IH

1 ‘‘(V) for fiscal year 2022 is more 

2 than 80 percent of the cost of all com3 ponents of the rolling stock; 

4 ‘‘(VI) for fiscal year 2023 is 

5 more than 85 percent of the cost of 

6 all components of the rolling stock; 

7 ‘‘(VII) for fiscal year 2024 is 

8 more than 90 percent of the cost of 

9 all components of the rolling stock; 

10 ‘‘(VIII) for fiscal year 2025 is 

11 more than 95 percent of the cost of 

12 all components of the rolling stock; 

13 and 

14 ‘‘(IX) for fiscal year 2026 and 

15 each fiscal year thereafter is 100 per16 cent of the cost of all components of 

17 the rolling stock; and’’. 

18 SEC. 4. RAIL LOAN AND LOAN GUARANTEE BUY AMERICA 

19 PROVISIONS. 

20 Section 502(h)(3) of the Railroad Revitalization and 

21 Regulatory Reform Act of 1976 (45 U.S.C. 822(h)(3)) is 

22 amended— 

23 (1) by striking ‘‘and’’ at the end of subpara24 graph (A); 


pbinns on DSK79D2C42PROD with BILLS
5 

•HR 2755 IH

1 (2) by striking the period at the end of sub2 paragraph (B) and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(C) the requirements of section 24405(a) of 

5 title 49, United States Code.’’. 

6 SEC. 5. AVIATION BUY AMERICA PROVISIONS. 

7 Section 50101 of title 49, United States Code, is 

8 amended— 

9 (1) in subsection (a) by inserting ‘‘, iron,’’ after 

10 ‘‘steel’’; and 

11 (2) in subsection (b)— 

12 (A) in paragraph (2), by inserting ‘‘, iron,’’ 

13 after ‘‘steel’’; and 

14 (B) in paragraph (3), by striking subpara15 graph (A) and inserting the following: 

16 ‘‘(A) the cost of components and sub17 components produced in the United States— 

18 ‘‘(i) for fiscal year 2020 is more than 

19 65 percent of the cost of all components of 

20 the facility or equipment; 

21 ‘‘(ii) for fiscal year 2021 is more than 

22 70 percent of the cost of all components of 

23 the facility or equipment; 


pbinns on DSK79D2C42PROD with BILLS
6 

•HR 2755 IH

1 ‘‘(iii) for fiscal year 2022 is more 

2 than 75 percent of the cost of all compo3 nents of the facility or equipment; 

4 ‘‘(iv) for fiscal year 2023 is more than 

5 80 percent of the cost of all components of 

6 the facility or equipment; 

7 ‘‘(v) for fiscal year 2024 is more than 

8 85 percent of the cost of all components of 

9 the facility or equipment; 

10 ‘‘(vi) for fiscal year 2025 is more than 

11 90 percent of the cost of all components of 

12 the facility or equipment; 

13 ‘‘(vii) for fiscal year 2026 is more 

14 than 95 percent of the cost of all compo15 nents of the facility or equipment; and 

16 ‘‘(viii) for fiscal year 2027, and each 

17 fiscal year thereafter, is 100 percent of the 

18 cost of all components of the facility or 

19 equipment; and’’. 

20 SEC. 6. SAFE DRINKING WATER BUY AMERICA PROVISION. 

21 Section 1452(a)(4)(A) of the Safe Drinking Water 

22 Act (42 U.S.C. 300j–12(a)) is amended by striking ‘‘Dur23 ing fiscal years 2019 through 2023, funds’’ and inserting 

24 ‘‘Funds’’. 

Æ 


pbinns on DSK79D2C42PROD with BILLS